2008-08-29_REPORT - M2002004 - Laserfiche WebLink

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Since March 2008, there has been approximately 73 acres, more or less, of disturbance within the quarry area, south of the production facility. Such disturbed areas, depicted on Exhibit A hereto, are from a combination of construction and production activities, including construction staging areas, the limestone pit, areas where topsoil and overburden have been removed, and where topsoil and overburden have been stockpiled. The construction staging areas and overburden and topsoil stockpile areas, totaling in the aggregate approximately 47 acres, are scheduled to be reclaimed during the fall and winter of 2008. Attached to Exhibit B hereto are: a map depicting areas which GCC presently anticipates will undergo reclamation during the coming year; and a separate map depicting those areas which GCC presently anticipates will undergo new disturbances in the upcoming year. Please note that the maps provided on Exhibit B are based on GCC's best current projections, but remain subject to possible deviations in order to preserve the flexibility required for GCC to optimally operate its plant. 2. Plant Area. Construction of the production facility has largely been completed. Attached on Exhibit C is an "as built" map of the plant site with all of the .major structures and buildings identified. GCC is currently working on fully commissioning all of its plant equipment. GCC has experienced certain force majeure events at the plant which have caused delays in the completion of various compliance demonstrations and testing of regulated processes and equipment. Since start up of the plant's rotary kiln in February 2008 to the present, the plant has experienced reduced operation and down time each month caused by such force majeure events. In compliance with the applicable regulatory and permit requirements, GCC has provided the appropriate agencies notification of such force majeure events and the plant's equipment compliance demonstration status. Given the structure and interrelated nature of the plant and its various systems, a delay in one section or component of the plant directly affects and creates delays in others. As discussed in detail with the appropriate regulatory agencies, GCC is working diligently to fully address these force majeure events and the effects thereof, in furtherance of conducting its compliance demonstrations and required testing of its equipment as soon as possible. As a result of these force majeure events, GCC sought and obtained a limited extension from the Colorado Department of Public Health and Environment attached hereto as Exhibit D. Other remaining items on which GCC is actively working to complete, in compliance with its permits, include establishing final site grade and drainage, as well as reclamation and stabilization of the plant site area, including for the ancillary staging and parking areas, disturbed by construction. GCC is actively working to complete these tasks and presently anticipates the majority of them will be completed by the end of 2008. 3. Plant Entrance Road. Construction of a concrete two lane, approximately two mile plant entrance road from Lime Road to the plant site, as well as a two lane bridge over the St. Charles River, has been completed. Both the road and the bridge are in full use. In order to facilitate the construction of such plant road and bridge, a temporary haul road and temporary bridge were put into place to provide access to the construction site. Efforts have begun in furtherance of conducting erosion stabilization and reclamation of ground disturbances associated with the temporary haul road and temporary bridge, as well as with the permanent plant road's and bridge's construction activities. GCC presently anticipates that such stabilization and reclamation activities will be completed during the first calendar quarter of 2009. DN:32128119.2